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ADAAA: What You Need to Do Now for Compliance

Learn about the Americans with Disabilities Act Amendments Act (ADAAA) and its implications. Discover practical steps and resources to ensure compliance with the updated definition of "disability."

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ADAAA: What You Need to Do Now for Compliance

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  1. Workforce: Americans with Disabilities Act Amendments Act (ADAAA) – What I Need to Do Now to Insure I’m Ready for the Change • SharonRennert, J.D. • Senior Attorney Advisor, EEOC • LindaCarter Batiste, J.D. • Principal Consultant, JAN

  2. Session Overview • ADAAA Overview • Implications • Practical Steps • Resources

  3. ADAAA Guiding Principles • makes it easier to meet the definitionof “disability” • states the definition of “disability” in the ADA “shall be construed in favor of broad coverage” and “should not demand extensive analysis”

  4. Five key changes to the definition of “disability”: • “substantially limits” redefined, • “major life activities” expanded to include “major bodily functions,” • ameliorative effects of “mitigating measures” not considered (except “ordinary eyeglasses and contact lenses”), • rule for impairments that are “episodic” or “in remission,” and • “regarded as” redefined.

  5. Rulemaking Process • NPRM published on September 23, 2009 • 60-day public comment period • See www.regulations.gov to view comments filed • EEOC evaluated all of the comments to make revisions • Proposed final regulation will then be sent to OMB before a final regulation is published in the Federal Register

  6. How to Determine Who is Covered

  7. Specific Conditions • Allergies? • Fragrance sensitivity? • Infertility? • Temporary conditions?

  8. Other Implications

  9. Policies and Procedures

  10. Application Stage

  11. On The Job

  12. Reasonable Accommodation

  13. Resources

  14. Questions

  15. Contact EARN • Voice/TTY: 1-866-327-6669 (EARN-NOW) • Email: earn@earnworks.com Contact JAN: • (800)526-7234 (V) & (877)781-9403 (TTY) • AskJAN.org & jan@askjan.org

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